Friday, April 19, 2019

ILLINOIS BATTERY TO A CHILD: WHEN DOES SPANKING GO TOO FAR?

At what point does a parent’s right to discipline his or her child turn into a felony?

Under Illinois law, parents who believe in corporal punishment may use it to discipline their children as long as such punishment is necessary and reasonable. Beyond that, you could be charged with domestic or aggravated battery.

So how do you know if you’ve crossed that line?

In Illinois, courts look at the following: (1) the degree of physical injury inflicted upon the child, (2) the likelihood of future punishment that may be more injurious, (3) the fact that any injury resulted from the discipline, (4) the psychological effects on the child, and (5) the circumstances surrounding the discipline, including whether the parent was calmly attempting to discipline the child or whether the parent was lashing out in anger.

In People v. Parrott, the court held that a parent’s discipline was not reasonable or necessary where the parent hit a six-year-old child several times with a belt for eating a biscuit, and the child had welts on his legs.

In People v. Royster, the defendant was the fiancé of the child’s mother and had permission to discipline her two-year-old. After the child threw a tantrum at a doctor’s office, the defendant repeatedly struck the child until office workers intervened. A jury convicted the defendant for aggravated battery.

If you are charged with battery to a child, contact an experienced criminal law attorney immediately. Do not try to talk your way out of the situation because you could end up giving the state the evidence they need to convict you. While the state must prove all the elements of the offense beyond a reasonable doubt, the parent has the burden of showing that any discipline was in fact reasonable and necessary. Because the determination of reasonable and necessary is so fact specific, an attorney can help you present your situation in its best possible light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
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CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.